HomeMy WebLinkAbout01-0097IN THE COMMONWEALTH COURT OF CUMBERLAND
COUNTY, OF PENNSYLVANIA
FAMILY COURT DIVISION
ROBERT EARL LINDE
VS.
DOCKET NO:
.-
ROBIN LYNN OYLER
COMPLAINT FOR: VISITATION/CONTACT/COMMUNICATION
1. Plaintiff resides at 1456 Lardener street, Philadelphia, Pa.
19149
2. Defendant resides at 144 east Penn street, Carlisle, Pa.
17013
3. Plaintiff and Defendant are the parents of the followin;;
child(ten).
a. Anthony James Linde 5-17-91,144 east Penn street, Carlisle,
Pa.17013
4. Born out of wedlock to:
a. Robin Lynn Oyler, 1.24-70, 30, 144 East Penn street, Carlisle, Pa.
17013
(Mother)
b. Robert Earl Linde, 10-17.70, 30, 1456 Lardener Street. Pa. 19149
(Father)
5. The defendant has denied plaintiff of his paternal right as a
parent to have any contact or communication with said
child(ren) as named above.
6. Plaintiff is currently incarcerated at the state correctional
Institution At Dallas.
7. Plaintiff had a relation with said child since his incarceration
and has formed a bond with said child and the lack of
visitation, contact and communication, has cause plaintiff a
great deal of unnecessary stress.
8. Plaintiff is willing to incur all expenses to achieve a
reasonable visitation and communication (collect calls) on
a monthly basis.
9. Plaintiff understands that he also has a financial obligation of
support to minor child and is willing to do such at the
appropriate time.
WHEREFORE, PLAINTIFF REQUESTS THAT AN ORDER BE ENTERED
AGAINST DEFENDANT AND IN FAVOR OF THE PLAINTIFF AND THE
AFOREMENTIONED CHILD(REN) FOR REASONABLE VISITATION AND
COMMUNICATION.
(COLLECT CALLS)
PLAINTIFF)
CERTIFICATION Of SERVICE
THE UNDERSIGNED HEREBY CERTIFIES THAT A TRUE COPY OF THE FORGOI~G
HAS BEEN MAILED IN THE UNITED STATES MAIL, FIRST CLASS (~AND
DELIVERY), WITH SUFFICIENT POSTAGE THEREIN TO CARRY IT TO ITS
DESTINATION.
CUMBERLAND COUNTY COURTHOUSE
ATTM: COURT ADMINISTRATORS OFFICE
1 COURTHOUSE SQUARE
CARLISLE~ Pa. 17013
RO~IN LYNN OYLER
144 EAST PENN STREET
CARLISLE, Pa.17013
ROBERT EARL LINDE
SCI-DALLAS
1000 FOLLIES ROAD
DALLAS, Pa. 18612-0286
ROBERT EARL LINDE/#BY-2973
SCI-DALLS
1000 FOLLIES ROAD
DALLAS~ Pa. 18612-0286
VERIFICATION CERTIFICATION OF SERVICE
I VERIFY THAT THE STATEMENT MADE IN THIS ACKNOWLEDGEMENT AND
WAINER ARE TRUE AND CORRECT, I UNDERSTAND THAT
HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18
relating to un-sworn falsification to authorities.
FALSE STATEMENTS
Pa.C.S. § 4904
ROBERT EARL LINDE
PLAINTIFF
V.
ROBIN LYNN OYLER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-97 CIVIL ACTION LAW
IN CUSTODY
ORDEROFCOURT
AND NOW, Thursday, July 12, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 15, 2001 at 1:00 p.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /si
Dawn S. Sunday, Esq.~g~
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or bus/ness before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATrORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (7 l 7) 249-3166
ROBERT EA~ LINDE,
Plaintiff
vs.
ROBIN LYNN OYLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-97 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
;%~DNG~, this ~.4~ day of ~
consideration of the attached Custody Conciliation\ Report,
and directed as follows:
, 2001, upon
it is ordered
1. The Mother, Robin Lynn Smith (Oyler), shall have legal and primary
physical custody of Anthony James Linde, born May 17, 1991.
2. The Father, Robert Earl Linde, may establish initial contact with
the Child by written correspondence. The Mother shall cooperate in
ensuring that the Child receives all correspondence from the Father and
shall also cooperate in encouraging the Child to respond to the Father's
letters. Further, the parties shall cooperate in making arrangements for
telephone contact between the Father and the Child, at the Father's sole
cost, at such time as the Father and Child establish a relationship and the
parties agree that the Child is emotionally ready.
3. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
Robin Lynn Smith, Mother
ROBERT EARL LINDE,
Plaintiff
ROBIN LYNN OYLER~
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-97 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
IN A(~GGRDANCE W~'~ (~m~%[~] ~ RBLE G~ CI%~L
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
Anthony James Linde
May 17, 1991 Mother
2. A Conciliation Conference was held on February 8, 2001, with the
following individuals in attendance: The Mother, Robin Lynn Smith (Oyler)
and Linda Oyler, the Mother's aunt. The Father, Robert Earl Linde, who is
currently incarcerated at a facility in Dallas, PA, participated in the
Conference by telephone.
3. The parties agreed to entry of an Order in the form as attached.
Date
Custody Conciliator
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
ROBERT EARL LINDE,
Petitioner
VS.
ROBIN LYNN OYLER,
Defendant
CIVIL ACTION-LAW IN CUSTODY
CASE No. 01-97 CIVIL TERM
BEFORE: Judge Edgar B. Bayley
NOTICE AND ORDER TO APPEAR
Legal proceedings have been brought against you alleging
you have wilfully disobeyed an order of court for partial contact
with minor child.
If you wish to defend against the claim set forth in the
following pages, you may but are not required to file in writing
with the court your defenses or objections.
Whether or not you file in writing with the court your
defenses or objections, you must appear in person in court on
, at a.m., in Courtroom
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A
WARRANT FOR YOUR ARREST.
If the court finds that you have wilfully failed to comply
with its order for partial contact with minor child, you may
be found to be in contempt of court and committed to jail, fined
or both.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
-1-
THE OFFICES OF THE PUBLIC DEFENDER
THE YELLOW PAGES OF YOUR PHONE BOOK
GET LEGAL HELP.
OR LEGAL AID SET FORTH IH
TO FIND OUT WHERE YOU CAN
BY THE COURT:
JUDGE.
-2-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
ROBERT EARL LINDE, :
Petitioner :
VS. :
ROBIN LYNN OYLER, :
Defendant :
CIVIL ACTION-LAW IN CUSTODY
CASE No. 01-97 CIVIL TERM
BEFORE: Judge Edgar B. Bayley
PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE
OF CHILD CONTACT/VISITATION ORDER
The Petition of Robert Earl Linde, respectfully represents:
1. That on February 20, 2001, Judge Edgar B. Bayley,
entered an ORDER awarding Petitioner, Robert Earl-Linde, contact/
visitation privileges with his minor son, Anthony James Linde.
A true and correct copy- of the ORDER is attached hereto and
marked as EXHIBIT "A".
2. The defendant, (mother of child)
(Oyler), has willfully failed to abide by
she continues to short circuit all attempts
to contact his son, Anthony James Linde.
intercepted all letters of communication to his
to make the child available for telephone contact
at the Petitioner's expense.
Robin Lynn Smith
the Order in that
by the Petitioner
The defendant has
son and refuses
(collect calls)
WHEREFORE, Petitioner request that the defendant herein,
be held in contempt of court.
Respectfully submitted,
ROBERT EARL LINDE
#BY-2973 (MODS)
SCI-DALLAS
1000 FOLLIES RD.
DALLAS, PA 18612
I, verify that the statements made in this complaint are
true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. §4904 relating
to unsworn falsification to authorities.
DATE
PETITIONER
ROBERT EARL LINDE~
Plaintiff
vs.
ROBIN LYNN OYLER,
Defendant
IN THE CCf3RT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-97 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
consideration of the attached
and directed as follows:
day of
Custody Concilie~.ion3eport~
, 2001, upon
it is ordered
1. The Mother, Robin Lynn Smith (Oyler), shall have legal and primary
physical custody of Anthony James Linde, born May 17, 1991.
2. The Father, Robert Earl Linde, may establish initial contact with
the Child by written correspondence. The Mother shall cooperate in
ensuring that the Child receives all correspondence from the Father and
shall also cooperate in encouraging the Child to respond to the Father's
letters. Further, the parties shall cooperate in making arrangements for
telephone contact between the Father and the Child, at the Father's sole
cost, at such time as the Father and Child establish a relationship and the
parties agree that the Child is emotionally ready.
3. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the term~
of this Order shall control.
BY THE COURT,
cc:
Robert Earl Linde, Father
Robin Lynn Smith, Mother
ROBERT EARL LINDE,
Plaintiff
vs.
ROBIN LYNN OYLERt
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-97 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
· N AC~C~/)ANCE W~u Ct~m~%ND ~ RULE OF C/¥IL
1915.3-8, the undersigned Custody Conciliator submits the fo/lowing report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
Anthony James Linde
May 17, 1991 Mother
2. A Conciliation Conference was held on February 8, 2001, with the
following individuals in attendance: The Mother, Robin Lynn Smith (Oyler)
and Linda Oyler, the Mother's aunt. The Father, Robert Earl Linde, who is
currently incarcerated at a facility in Dallas, PA, participated in the
Conference by telephone. ,-
3. The parties agreed to entry of an Order in the form as attached.
Dawn S. Sunday, Esquire
Custody Conciliator
ROBERT EARL LINDE,
Plaintiff
us.
ROBIN LYNN OYLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-97 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
consideratiom of the attached Custody Concilia~.ion~eport;
and directed as follows:
, 2001, upon
it is ordered
1. The Mother, Robin Lynn Smith (Oyler), shall have legal and primary
physical custody of Anthony James Linde, born May 17, 1991.
2. The Father, Robert Earl Linde, may establish initial contact with
the Child by written correspondence. The Mother shall cooperate in
ensuring that the Child receives all correspondence from the Father and
shall also cooperate in encouraging the Child to respond to the Father's
letters. Further, the parties shall cooperate in making arrangements for
telephone contact between the Father and the Child, at the Father's sole
cost, at such time as the Father and Child establish a relationship and the
parties agree that the Child is emotionally ready.
3. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
BY THE COURT,
cc:
Robert Earl Linde, Father
Robin Lynn Smith, Mother
and 1h~ s~ai of said ~our;
ROBERT EARL LINDE~
Plaintiff
vs.
ROBIN LYNN OYLERt
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-97 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
&~USTCO~ C~CILIATIC~ ~ ~
IN ACC0~HI~CE W/TH C[P~k~J2~qD ~ RULE OF Ci~iL
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
Anthony James Linde
May 17, 1991 Mother
2. A Conciliation Conference was held on February 8, 2001, with the
following individuals in attendance: The Mother, Robin Lynn Smith (Oyler)
and Linda Oyler, the Mother's aunt. The Father, Robert Earl Linde, who is
currently incarcerated at a facility in Dallas, PA, participated in the
Conference by telephone.
3. The parties agreed to entry of an Order in the form as attached.
Dawn S. Sunday, Esquire
Custody Conciliator
ROBERT EARL LINDE
PLAIN~FF
V.
ROB1N LYNN OYLER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01~97 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, July 12, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq, , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August IS, 2001 at 1:00 p.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Is/
Dawn S, Sunday, Esq.~
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATi'ORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
ROBERT EARL LINDE,
Plaintiff
VS.
ROBIN LYNN OYLER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-97 CIVILTERM
:
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this lO~d' day of ~l,t~ , 2001, upon
consideration of the attached Custody Conciliation Report it/is ordered and directed as follows:
A Hearing is scheduled in Court Room No. ~ , of the Cumberland County
Court House, on the ~6.,1 day of (/~~ , 2001, at/~9; OO o'clock, Ct .m., at
which time testimony will be taken. For purposes of this Hearing, the Father, Robert Earl Linde, shall
be deemed to be the moving party.
Cc: Robert Earl Linde, Father
Robin Lynn Oyler Smith, Mother
Edgar B. Bay~,
ROBERT EARL LINDE,
Plaintiff
VS.
ROBiN LYNN OYLER,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-97 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Anthony James Linde
May 17, 1991 Mother
2. A Conciliation Conference was held on August 15, 2001, with the following individuals in
attendance: The Mother, Robin Lynn Smith, formerly Oyler, Pro Se and the Mother's aunt, Linda
Oyler. The Father, Robert Earl Linde, who is currently incarcerated at a facility in Dallas,
Pennsylvania, participated in the Conference by telephone.
3. This Court previously entered an Order in this matter on February 20, 2001 based on an
agreement reached by the parties at a Conciliation Conference. The Father filed this Petition for
Contempt alleging that the Mother is intercepting written communication from the Father to the Child
in violation of the Order. The Mother denies the Father's allegations and it will be necessary to
schedule a Hearing.
4. The Conciliator recommends an Order in the form as attached scheduling a Heating on this
matter.
Custody Conciliator
ro!c
sche
2001
State C
roturno
hearing,
WE
Ad Testifi,
Departmel
Robert Earl Linde
BY-2973
SCI-Dallas, 1000 Follies Rd.
Dallas, PA 18612
ROBERT EARL LINDE,
Plaintiff
VS.
ROBIN LYNN OYLER,
Defendant
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NO. 01-97 CIVILTERM
CIVIL ACTION - LAW IN CUSTODY
PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The petition of Robert Earl Linde. proceeding pro sc, respectfully
represents:
That Robert Earl Linde, the above-captioned plaintiff, is
scheduled for a custody hearing in Cumberland County on October 4,
2001 at 10 a.m. in Court Room No. 2, and
That Robert Earl Linde is now detained in the custody of the
State Correctional Institution at Dallas, and it is necessary that he be
returned to Cumberland County on or before October 3, 2001 for said
hearing,
WHEREFORE, your petitioner prays that a Writ of Habeas Corpus
Ad Testificandum be issued, directing the Cumberland County Sheriff's
Department to produce the said Robert Earl Linde.
ROBERT EARL LINDE
Plaintiff
18 September 2001
Mr. Curt Long
Prothonotary
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013-3387
RE: Linde v. Oyler, No. 01-97, In Custody
Dear Mr. Long,
Enclosed please find the following documents for docketing in
the above-captioned case:
1. Petition for Writ of Habeas Corpus Ad TestifJcandum
(original and one copy).
Proof of Service of same to the defendant in this action.
Thank you for your valuable time.
Sincerely,
ROBERT EARL LINDE
BY-2973
SCI-Dallas, 1000 Follies Rd.
Dallas, PA 18612
ROBERT EARL LINDE,
PLAINTIFF
· IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ROBIN LYNN OYLER,
DEFENDANT
: 01-0097 CIVIL TERM
AND NOW, this
ORDER OF COURT
day of September, 2001, plaintiff having filed a
petition for a writ of habeas corpus ad testificandum, IT IS ORDERED that plaintiff's
testimony at the hearing to be held in this court on October 4, 2001, at 10:00 a.m., shall
be taken by video conferencing from the State Correctional Institution at Dallas,
Robert Earl Linde, BY-2973, Pro se
SCI Dallas
1000 Follies Road
Dallas, PA 18612
Robin Lynn Oyler Smith
144 E. Penn St.
Carlisle, PA 17013
SCI Dallas
1000 Follies Road
Dallas, PA 18612
Court Administrator
:saa
Robert Earl Linde
I~Y-2973
SCI-Dallas, 1000 Follies Rd.
Dallas, PA 18612
ROBERT EARL LINDE, :
Plaintiff :
:
VS. :
:
ROBIN LYNN OYLER, :
Defendant :
IN THE COURT OF COMMON PLEAS
OF CUMBERI~d~ID COUNTY
NO. OI-97 CIVILTERM
CIVIL ACTION - LAW IN CUSTODY
PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM
TO THE HONORABIjE, THE JUDGES OF THE SAID COURT:
The petition Of Robert Earl Linde, proceeding plo .~c, respectfully
represents:
That Robert Earl Linde, the above-captioned plaintiff, is
scheduled for a custody hearing in Cumberland County on October 4,
2001 at 10 a.m. in Court Room NO. 2, and
That Robert Earl Linde is now detained in the custody of the
State Correctional Institution at Dallas, and it is necessary that he be
returned to Cumberland County on or before October 3, 2001 for said
hearing,
WHEREFORE, your petitioner prays that a Writ of Habeas Corpus
Ad Testificandum be issued, directing the Cumberland County Sherif¢s
Department to produce the said Robert Earl Linde.
ROBERT EARL LINDE
Plaintiff
Robert Earl Linde
BY-2973
SCI-Dallas. 1000 Follies Rd.
Dallas, PA 18612
ROBERT EARL UNDE,
Plaintiff
VS. :
:
ROBIN LYNN OYLER, :
Defendant :
· IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
:
NO. 01-97 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
AND NOW, this 18*~ day of September 2001 1, Robert Earl Linde,
hereby certifies I have this date forwarded the foregoing Motion for
Writ of Habeas Corpus Ad Testificandum to the below~listed by
prepaid first-class U.S. Mail deposited at the State Correctional
Institution at Dallas, PA:
Robin Lynn Oyler Smith
144 E. Penn St.
Carlisle, PA 17013
Respectfully Submitted,
ROBERT EARL LINDE
Robert Earl Linde
BY-2973
SCI-Dallas, 1000 Follies Rd.
Dallas, PA 18612
ROBERT EARL LINDE,
Plaintiff
VS. :
ROBIN LYNN OYLER, :
Defendant :
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
:
NO. OI-97 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The petition of Robert Earl Linde, proceeding plo .~e', respectfully
represents:
That Robert Earl Linde, the above-captioned plaintiff, is
scheduled for a custody hearing in Cumberland County on October 4,
2001 at 10 a.m. in Court Room No. 2, and
That Robert Earl Linde is now detained in the custody of the
State Correctional Institution at Dallas, and it is necessary that he be
returned to Cumberland County on or before October 3, 2001 for said
hearing,
WHEREFORE, your petitioner prays that a Writ of Habeas Corpus
Ad Testificandum be issued, directing the Cumberland County Sheriff's
Department to produce the said Robert Earl Linde.
ROBERT EARL lINDE
Plaintiff
WRIT OF HABEA.C; CORPtJ~ Ar) TF~TIFICANDUM
CUMBERLAND COUNTY, SS:
The Commonwealth of Pennsylvania
Greetings:
We command that you have the said Robert Earl Linde, a person
in your custody, transported to the Cumberland County Courthouse
and that immediately after said hearing, he is to be returned to the
State Correctional Institution at Dallas, and have you then and here
this Writ.
Witness, the Honorable Motion Judge, Judge at Carlisle,
Pennsylvania, this day of ,2001.
BY THE COURT
Robert Earl Linde
BY-2973
SCI-Dallas, 1000 Follies Rd.
Dallas, PA 18612
ROBERT EARL LINDE,
Plaintiff
VS.
ROBIN LYNN OYLER,
Defendant
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
:
NO. 01-97 CIVIL TERM
:
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
AND NOW, this 18~ day of September 2001 1, Robert Earl Linde,
hereby certifies I have this date forwarded the foregoing Motion for
Writ of Habeas Corpus Ad Testificandum to the below-listed by
prepaid first-class U.S. Mail deposited at the State Correctional
Institution at Dallas, PA:
Robin Lynn Oyler Smith
144 E. Penn St.
Carlisle, PA 17013
Respectfully Submitted,
ROBERT EARL LINDE
18 September 2oo1
Mr. Curt Long
Prothonotary
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013-3387
RE: linde v. Oyler, No. OI-97, in Custody
Dear Mr, Long,
Enclosed please find the following documents for docketing in
the above-captioned case:
1.
Petition for Writ of Habeas Corpus Ad Testificandum
(original and one copy).
Thank you for your valuable time.
Proof of Service of same to the defendant in this action.
Sincerely,
ROBERT EARL LINDE
BY-2973
SCI-Dallas, 1000 Follies Rd.
Dallas, PA 18612
ROBERT EARL LINDE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ROBIN LYNN OYLER,
DEFENDANT
: 01-0097 CIVIL TERM
AND NOW, this
ORDER OF COURT
day of September, 2001, plaintiff having filed a
petition for a writ of habeas corpus ad testiflcandum, IT IS ORDERED that plaintiff's
testimony at the hearing to be held in this court on October 4, 2001, at 10:00 a.m., shall
be taken by video conferencing from the State Correctional Institution at Dallas.
Robert Earl Linde, BY-2973, Pro se
SCI Dallas
1000 Follies Road
Dallas, PA 18612
Robin Lynn Oyler Smith
144 E. Penn St.
Carlisle, PA 17013
SCI Dallas
1000 Follies Road
Dallas, PA 18612
Court Administrator
:saa
ROBERT EARL LINDE,
PLAINTIFF
V.
ROBIN LYNN SMITH,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 01-0097 CIVIL TERM
ORDER OF COURT
day of October, 2001, following a hearing, and
Robin Lynn Smith, Pro se
144 E. Penn St.
Carlisle, PA 17013
Edgar B. Bayley,~.
:saa
Robert Earl Linde, BY-2973, Pro se
SCI Dallas
1000 Follies Road
Dallas, PA 18612
AND NOW, this
after talking with Anthony Linde, bom May 17, 1991, in chambers, IT IS ORDERED that:
(1) The father shall continue to write to his son.
(2) The mother shall encourage Anthony to write an initial letter to his father and
to follow*up with letters and a phone call.
(3) If Anthony is willing to talk to his father on the phone, the mother should write
to him and provide him the phone number of Anthony's aunt to which a call can be
made. The father shall then write to the mother with a date and time he can make a call
to Anthony. The mother should then confirm to the father if that time and date is
convenient, or otherwise make arrangements for another time to.~all.
By the Co~,~r~/